Legal Opinion
Griffin Bros. v. Yatto
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 1979PublishedCited by 12 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered August 1, 1978 in Washington County, which denied defendants’ motion to vacate a default judgment. In their motion to open the default judgment, defendants asserted that they thought their former attorney had filed an answer, when in fact he had not, and that they did not know why he had failed to do so. This court has held that the mere assertion of "law office failure” standing alone generally is not sufficient to set aside a default judgment (.e.g, Reed v Cone, 61 AD2d 877; Keith v New York State Teachers’ Retirement…
2Cases cited5 opinions
- Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
- Bishop v. GalassoAppellate Division of the Supreme Court of the State of New York · 1979
- Lupinski v. Village of IlionAppellate Division of the Supreme Court of the State of New York · 1977
- Keith v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1977
- Reed v. ConeAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by12 opinions
- Fink v. Time Warner CableDistrict Court, S.D. New York · 2011
- Pereira v. Centel Corp. (In Re Argo Communications Corp.)United States Bankruptcy Court, S.D. New York · 1991
- City of Syracuse v. Loomis Armored US, LLCDistrict Court, N.D. New York · 2012
- Chrysler Capital Corp. v. Hilltop Egg Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Mayes v. Local 106, International Union of Operating EngineersDistrict Court, N.D. New York · 1990
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